KENTUCKY BAR ASSOCIATION V. CHRISTY SMITH GRAYSON

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TO BE PUBLISHED. 1'up:rmr:e dlnurf nf ~nrfudtv 2017-SC-000240-KB KENTUCKY BAR ASSOCIATION V. MOVANT IN SUPREME COURT CHRISTY SMITH GRAYSON RESPONDENT ·OPINION AND ORDER Pursuant to Supreme Court Rule ("SCR") ~.380(2), the Kentucky Bar Association ("KBA") has II10Ved this Court to indefinitely suspend Christy Smith Grayson from the practice of law for failing to respond to charges initiated by the Inquiry CommissiOn ("Commission") of the KBA. Finding sufficient cause to do so, we grant the Commission's motion. KBA File 17-DIS-0026 In April 2016, -Grayson was retained by Ashley Williamson to assist with. the adoption of a then-unborn child. Grayson received a $1,500 retainer from Williamson for this service, but agreed to refund the retainer if the mother of the child revoked consent to the adoption prior to the partie~ appearing in court Shortl;y after giving birth, the mother revoked her consent to the adoption. Despite this, Grayson informed Williamson that the case could go forward and refused to refund Williamson's fee. Further, Grayson did not return Williamson's calls or offer any additional explanation about the case. Williamson was unable to reach Grayson after August 2016. On April 17, 201 7, the Commission initiated a complaint against Grayson alleging the following violations:"(!) SCR 3.130(1.3) (Diligence) for failing to pe~orm work for which she had been hil'.ed; (2) SCR 3.130(1.4).(a)(3) .. (Communication) for failing to infomi Williamson of the status of her adc:>ption case; (3) SCR 3.13Q(l.4)(a)(4) (Communication) for failing to respond to WiUiamson's requests.for information; (4) 3.130(1.16)(d) (Declining or Terminating Representation) for failing .to refund· the fee to Williamson after the child's mother revoked her conse:r:it to the adoption; and (5) SCR 3.130(8. l)(b). ·(Bar Admission and Disciplinary Matters) for failing to respond to a lawful demand for information from an admi~sions or disciplinary authority . .KBA File 17-DIS-0027 · Martha Eugenia Patrick hired Grayson in N.ovember 2015, to facilitate the adoption of Patrick's grandson. Grayson informed Patrick that_the case would be heard in .Martin ·Circuit Court on August 17, 2016. . On that date, . . . Grayson met Patrick and her husband outside. the courtroo:QJ. and informed them that the proceedings had been canceled, but that .the judge had decided . .. to sign the a<:ioption papers. Grayson congratulated Patrick and informed her· that she would receive the adoption papers in approximately three weeks. Three weeks later PatricJ:c contacted the Martin Circuit Court Clerk's office to inquire about the status of her.case. Patrick learned that nothing had ··been filed and that there were rio past or scheduled court dates. · Patrick · confronted Grayson who produced a document titled "Agreed Custody 2 Judgment," supposedly signed by Judge Janie McKenzie-Wells on August 17, 2016. On October 4, ·2016, Grayson sent Patrick text messages, attached to which were photos of documents related to Patrick's custody case that were being filed with the Clerk's office. Grayson told Patrick that the custody hearing was scheduled for October 19, 2016, at which.time a date would be set ·for the final adoption. In this conversation, Grayson admitted that the documents she had previously supplied to Patrick were "garbage." The October 19, 2016 hearing was rescheduled for November 2, 2016. · After the November 2, 2016 hearing, Grayson told Patrick that she would file the adoption paperwork. However, when Patrick contacted the Clerk's office in November 2016, she learned that the adoption paperwork had not been filed. When contacted, Grayson told Patrick that they would have to discuss the matter later. Patrick did not receive any further communications from Grayson. On December 7, 2016, Patrick appeared in Martin Circuit Court, before· Judge McKenzie-Wells, on a prose motion to determine the status of the adoption. After Patrick showed Judge McKenzie-Wells the.document provided by Grayson, Judge McKenzie-Wells stated that the signature was not hers and that the case number on the document was unrelated to Patrick's pending cus~ody matter. On April 17, ~O 17, the Commission initiated a second complaint a~ainst Grayson alleging the following violations: (1) SCR 3.130(1.3) (Diligence) for 3 failing to perform war~ for which she had been hired;· (2) SCR 3.130( 1.4)(a)(3) (Communication) for f~ing to info~ Patrick of the status of her adoption case; (3) SCR 3.130(1.4)(a)(4) (Communication) for failing to ,respond. to Patrick's requests for information; (4)· SCR 3.130(8. l)(b) (Bar Admission and Disciplinary· Matters) fol=' failing to· respond to a lawful demand for information. from an. admis.sions or disciplinary authority; and (5) SCR 3.130(8A)(c) (Misconduct) by misrepresenting to Patrick that her adoption was pending. and providing her . with a fraudulent document. Efforts to serve Grayson with. the·Commission's charges by mail were . . unsuccessful. . . Subsequently~· . the Martin County Sheriffs Office personally served Grayson on February 24, 2017. Despite being served, Grayson has failed to answer the Commission's charges or contact the Office of Bar Counsel. Due to· Grayson's failure to respond, the KBA requests that this Court. . . , . indefinitely·suspeild Grayson under SCR 3.380(2). On June26, 2017., Grayson requested additi~naltime to respond to the.KBA's.motion. On July 7, 2017, Grayson was granted an extension oftime·torespon~. However, Grayson h~s not filed a r~sponse to·the KBA·'s mo~on .. Having reviewed the.KBA's motion, we agree that indennite suspension is warranted. . . . For the foregoing reasons, it is hereby ORDERED: . . . 1. Pursuant to SCR 3.380(2), Christy Sµiith Grayson i.s hereby . . indefinitely suspended from the practice of law in the Coininonwealth. of· Kentucky. 4 2; As required by SCR 3.390, Grayson, will within 10 days after the issuanc,e of.this order of suspension .notio/,_·by letter duly placed with the . United States Postal Service, all courts or other tribunals in which she has matters pending of her suspension. Further, she wiU inform, by mail, all of her clients of her inability to represent them and of the necessity and urgency of promptly retaining new counsel. Grayson shall simultaneously provide a copy of all such letters of notification to the Office of Bar Counsel. Grayson shall immediately cancel any pending advertisements, to the extent possible, and shall terminate any advertising activity for the duration of the term of suspension .. 3. As stated in SCR 3.390(a}, this Opinion and Order shall take effect on the tenth (10th) <;lay following its entry. Grayson is instructed to promptly take all reasonable $teps to protect the interests of her clients. She shall not during . the term of suspension accept new clients or collect unearned fees, and shall comply with the provisions of SCR 3.130-7.50(5) .. All sitting. All concur. ENTERED: September 28, 2017 5

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